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Old Oct 28th, 2009, 01:54 AM   #16
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Shouldn't have waited so long.

Be glad they even still have your pictures.
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Old Oct 28th, 2009, 08:34 AM   #17
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My daughter is a wedding photographer. Her contract is up with her clients after the end of 12 months. After that, she holds on to her files for another year, and then she archives them. Some archived documents that were stored on those little square "discs" have been destroyed so there is no access to them whatsoever. Those are ancient, of course. Technology changes for her annually, so I think after thinking it over for four years and expecting your album is just a little over the top. If my daughter even had your files, she'd probably charge you double and you'd have to sign another contract, as your original contract would have run its course. Right now, she can produce a beautiful album in days.....not weeks. Some old files are not even supported by new programs. So, good luck to you in whatever attempts you make to get your album done.
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Old Oct 28th, 2009, 08:49 AM   #18
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Originally Posted by juneping View Post
i graduated 10/11 years ago...our school had professional photographer and they already used digital camera..we just order online for our pictures. why 4 years ago they still used negative?? doesn't make sense to me...??
I got married in 2005 and the photog still used film. I asked about digital, but she said that pictures taken from film look better when they are enlarged. She explained something about pixels, but I blanked out at that point. But technology has changed quite a bit in just the last few years, so this may not be true anymore.

Anywho...I would be a little shocked at the surcharge. Like someone else said, just buy the negatives if you cannot pay the charges right now. Personally, I would be too scared of scratching them of doing something stupid. I would pay for the pictures.
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Old Oct 28th, 2009, 09:43 AM   #19
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She basically charged you $31.25 per month as a storage fee ($1,500 / 48 months).

Just buy the negatives back for $275 for call it a day. Take it as a lesson learned not to procrastinate so much. It is your fault, but for a mere $275...suck it up. Don't bitch about how you have a lot of free time now and can look into such things such a small claims, etc. because in my opinion, that is completely out of line when you're the one that was grossly negligent.
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Old Oct 28th, 2009, 10:16 AM   #20
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Sorry, but I am on the photographer's side on this one. Be glad she is still in business! She had every right to assume you didn't want anything after this length of time. We're not talking 12 months, but over 4 years!!! She's not being unreasonable, IMO. Buy the negatives and make your own album. If it was that important to you, you should've called her much sooner (like years ago).
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Old Oct 28th, 2009, 10:25 AM   #21
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I'd just buy the negatives, and convert them to digital myself. $275 sounds a lot better than over $1k.
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Old Oct 28th, 2009, 12:19 PM   #22
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Wow, lots of opinions here, but yes Im the one that brought it up.

All goes back to the contract. All extra fees have to be stated and the only fee above the $3k I paid her for 5hrs of work was $250 for requesting an 12 mos later.

There is no expiration on the contract and I had to select 20 photos and send them to her.

Whether I procrastinated a year or 4, she is still bound by the contract to deliver. Any late fees or tech fees had to be stipulated. I found out they switched to digital right after my wedding so they knew this was coming but did not incorporate into the contract.

Time does fly, and with two babies and a full time job before, other things took priority.

I emailed her, asking her to stick to the contract she had me sign. Waiting for her response.
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Old Oct 28th, 2009, 12:27 PM   #23
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Maybe I'm not reading this correctly, but the contract did stipulate there would be a surcharge after 12 months (but not exactly how much the charge would be). The photographer has told you the surcharge now ($1500), but that she would still make you the album you want. So then isn't she abiding by the contract? She will still make you the album, just with the high surcharge. I understand being shocked by how much she is charging now, but she is doing her part and following through on the contract.

Sorry if I misunderstood, and I hope you do get some pictures/an album, because your wedding is definitely something you want records of.
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Old Oct 28th, 2009, 12:42 PM   #24
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Originally Posted by boxermom View Post
Sorry, but I am on the photographer's side on this one. Be glad she is still in business! She had every right to assume you didn't want anything after this length of time. We're not talking 12 months, but over 4 years!!! She's not being unreasonable, IMO. Buy the negatives and make your own album. If it was that important to you, you should've called her much sooner (like years ago).
^^ITA!

Now it sounds like you aren't wanting opinions on this unless they agree with yours?

Our business lives by contracts. We've never had one that sat around for 4 years without acting on it. We have some pretty old ones that the time line is perpetuity. But they have a history of 'activity.'

I don't think you'd get much sympathy from a judge on this. The photographer is giving you a reasonable offer for a very unreasonable period of time that has passed. That's what small claims is about, coming to a reasonable outcome. Life happens for everyone. Including the photgrapher. I think the judge would see you as a deadbeat. JMO

She is out money on this for 'housing' your pictures. Take the $275.00 offer & be done with it.

Picked up my wedding negative the next morning. Couldn't wait to see them!
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Old Oct 28th, 2009, 01:03 PM   #25
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Originally Posted by hanee View Post
Maybe I'm not reading this correctly, but the contract did stipulate there would be a surcharge after 12 months (but not exactly how much the charge would be). The photographer has told you the surcharge now ($1500), but that she would still make you the album you want. So then isn't she abiding by the contract? She will still make you the album, just with the high surcharge. I understand being shocked by how much she is charging now, but she is doing her part and following through on the contract.

Sorry if I misunderstood, and I hope you do get some pictures/an album, because your wedding is definitely something you want records of.
The contract stipulated exactly $250 for any requests after 12 months for an album. $1500 is what she's asking for now which is a mishmash of assorted fees that she's itemizing (storage retrieval, late fee, new album format, negative conversion etc).

I suspect she doesn't want to actually make the album so wants to make the fee astronomical and instead just have me buy the negatives.
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Old Oct 28th, 2009, 01:06 PM   #26
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ok...trying to understand this all...you paid for her services and in the service you were to receive your album with the 20 pictures plus her time for the pictures??

if that is the case then she is liable to produce those photos that you pick and deliver them. if there is no time limit on the contract then she can't say it's too late and now you pay $1500 for the album or you pay $275 for the pictures.
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Old Oct 28th, 2009, 01:12 PM   #27
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Not sure where I indicated I didn't want anyone's opinion. Some agreed with me, many didn't. I posted to vent and for perspective.

I can see her issue as well, my astonishment is over the $1500 she wants to charge me for an album, that I already paid $3000 for.

Whether you agree with me or not, we are both bound by a contract.

I'm willing to work this out with her, but not for $1500 in addition to the $3000 spent.

I don't necessarily look forward to disputing with her but what do I have to lose?

I can buy the negatives but when will I get around to making an album?


Originally Posted by Vegas Long Legs View Post
^^ITA!

Now it sounds like you aren't wanting opinions on this unless they agree with yours?

Our business lives by contracts. We've never had one that sat around for 4 years without acting on it. We have some pretty old ones that the time line is perpetuity. But they have a history of 'activity.'

I don't think you'd get much sympathy from a judge on this. The photographer is giving you a reasonable offer for a very unreasonable period of time that has passed. That's what small claims is about, coming to a reasonable outcome. Life happens for everyone. Including the photgrapher. I think the judge would see you as a deadbeat. JMO

She is out money on this for 'housing' your pictures. Take the $275.00 offer & be done with it.

Picked up my wedding negative the next morning. Couldn't wait to see them!
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Old Oct 28th, 2009, 01:13 PM   #28
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Originally Posted by ilovepinkhearts View Post
ok...trying to understand this all...you paid for her services and in the service you were to receive your album with the 20 pictures plus her time for the pictures??

if that is the case then she is liable to produce those photos that you pick and deliver them. if there is no time limit on the contract then she can't say it's too late and now you pay $1500 for the album or you pay $275 for the pictures.
That is exactly the scenario. Thank you for summarizing much more succintly than I did.
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Old Oct 28th, 2009, 01:14 PM   #29
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You're right, they are probably trying to charge you the huge amount in hopes you will say "no thank you" because they're probably thinking "wow... this person has waited FOUR YEARS to come back for their photos and wants the exactly same deal!? she's probably going to be a PITA" because that's what I would be thinking......

i find it a little ridiculous that you couldn't find a couple hours to pick out 20 photos to send off to them. no one is that busy.

I would take the negatives and not waste all the time and energy that you now suddenly have to try and sue them. Like other people stated, there are lots of sites now where you can make your own album. Artscow.com is one of them, and very frequently they send out codes for FREE albums.
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Old Oct 28th, 2009, 01:15 PM   #30
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Originally Posted by olive519 View Post
Not sure where I indicated I didn't want anyone's opinion. Some agreed with me, many didn't. I posted to vent and for perspective.

I can see her issue as well, my astonishment is over the $1500 she wants to charge me for an album, that I already paid $3000 for.

Whether you agree with me or not, we are both bound by a contract.

I'm willing to work this out with her, but not for $1500 in addition to the $3000 spent.

I don't necessarily look forward to disputing with her but what do I have to lose?

I can buy the negatives but when will I get around to making an album?
you said you have SO much free time now that you could use to go and sue them.
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